Citation Nr: 0905534
Decision Date: 02/17/09 Archive Date: 02/24/09
DOCKET NO. 06-10 853A ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Denver,
Colorado
THE ISSUES
1. Entitlement to service connection for post-traumatic
stress disorder (PTSD).
2. Entitlement to service connection for migraine headaches,
claimed as secondary to PTSD.
REPRESENTATION
Veteran represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
Veteran
ATTORNEY FOR THE BOARD
Jennifer R. White, Associate Counsel
INTRODUCTION
The Veteran served on active duty from December 1971 to July
1974 with additional time in the Air Force Reserves.
These matters come to the Board of Veterans' Appeals (Board)
on appeal from a decision by the Department of Veterans
Affairs (VA) Regional Office (RO) in Denver, Colorado.
In September 2008, the Veteran testified at a videoconference
hearing before the undersigned Veterans Law Judge. A
transcript of this hearing is of record.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC) in Washington, DC. VA will notify you if
further action is required on your part.
REMAND
The Veteran contends, in essence, that she has PTSD due to
traumatic experiences in service, specifically personal
assaults which occurred at Travis Air Force Base in
California during 1971 or 1972; in Osan, Korea during 1982
while she was in the Reserves; and an additional assault at
Clark Air Force Base in the Philippines during 1982 or 1983.
The Veteran has additionally reported that she told no one
about these experiences; however, she reports that she got
medical treatment after returning from TDY in the Philippines
at a VA in Walnut Creek, California. The Board notes in this
regard that there is no VA medical treatment facility in
Walnut Creek, California. A subsequent statement reflects
that she was treated in the Martinez, California VA facility,
which is part of the Northern California VA Healthcare
System. An attempt to obtain such records should be made.
The Board also notes that a document indicating a loan or
transfer of records from the National Archives and Records
Administration (NARA) to the United States Air Force Military
Personnel Center indicates that the Air Reserve Personnel
Center (ARPC) would be responsible for the Veteran's records
dated from 1982 to 1989. It does not appear that records for
her reserve service were requested for this period. Thus,
service treatment and personnel records from this time period
should be requested on remand.
As the claim for migraine headaches is claimed as secondary
to her PTSD, remand of this issue is also required.
Accordingly, the case is REMANDED for the following action:
1. Request reserve treatment and
personnel records for the Veteran for her
reserve service from 1982 to 1989 from the
Air Reserve Personnel Center, or other
appropriate facility. Associate any
records retrieved with the claims file.
2. Request VA treatment records dating
from 1982 to 1984 from the Northern
California VA Healthcare System, to
include any treatment at the Martinez
Clinic. The request should include a
search of archived records if necessary.
3. Thereafter, review the record and re-
adjudicate the claims. If the claims
remain denied, the Veteran and her
representative should be issued a
supplemental statement of the case, and be
given an opportunity to respond before the
case is returned to the Board.
The Veteran has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court
of Appeals for Veterans Claims for additional development or
other appropriate action must be handled in an expeditious
manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2008).
_________________________________________________
K.A. BANFIELD
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2008).